Notice U/s 143(2) issued prior to furnishing of return in response to Notice U/s. 148 is invalid

Halcrow Group Ltd. Vs ADIT (ITAT Delhi)

ITAT held that since the notice u/s 143(2) of the Act was issued prior to the furnishing of return by the assessee in response to the notice u/s 148 of the Act. Therefore, the notice issued u/s 143(2) of the Act was not valid and the reassessment framed on the basis of said notice deserves to be quashed. We, therefore, quash the reassessment framed by the AO.

FULL TEXT OF THE ITAT JUDGMENT

The appeals by the assessee are directed against the separate orders each dated 15.10.2010 passed by the AO u/s 143(3) r.w.s. 144C(5) of the Income Tax Act, 1961 (hereinafter referred to as the Act) for the assessment years 2004-05 and 2005-06 and another appeal is against the order dated 28.09.2012 for the assessment year 2005-06 passed by the AO u/s 154 of the Act.

2. Since, the appeals were heard together, so, these are being disposed off by this consolidated order for the sake of convenience and brevity.

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